Ganuelas v.

Cawed
G. R. No. 123968. April 24, 2003
FACTS:
Celestina Ganuelas executed a Deed of Donation of a land in favour of her niece Ursulina
Ganuelas containing:
That, for and in consideration of the love and affection which the DONOR has for the
DONEE, and of the faithful services the latter has rendered in the past to the former, the said
DONOR does by these presents transfer and convey, by way of DONATION, unto the DONEE the
property above, described, to become effective upon the death of the DONOR; but in the event
that the DONEE should die before the DONOR, the present donation shall be deemed rescinded
and of no further force and effect
Celestina executed a document denominated as Revocation of Donation purporting to set
aside the deed of donation. More than a month later Celestina died without issue and any
surviving ascendants and siblings. Ursulina therafter shared the fruits of the property with her
cousins until the former got tax declaration over said property in her name. he cousins then
filed for partition alleging that the Deed of Donation executed by Celestina in favor of Ursulina
was void for lac! of ac!nowledgment by the attesting witnesses thereto before notary public
"tty. #enry $almonte% and the donation was a disposition mortis causa which failed to comply
with the provisions of the Civil Code regarding formalities of wills and testaments% hence% it was
void.
ISSUE: he issue is thus whether the donation is inter vivos or mortis causa
Held:
&t is a donation mortis causa which should comply with the formalities of a will.
Donation inter vivos differs from donation mortis causa in that in the former% the act is
immediately operative even if the actual execution may be deferred until the death of the donor%
while in the latter% nothing is conveyed to or ac'uired by the donee until the death of the donor(
testator.
he distinction between a transfer inter vivos and mortis causa is important as the validity
or revocation of the donation depends upon its nature. &f the donation is inter vivos% it must be
executed and accepted with the formalities prescribed by "rticles )*+ and )*, of the Civil Code%
except when it is onerous in which case the rules on contracts will apply. &f it is mortis
causa, the donation must be in the form of a will% with all the formalities for the validity of wills%
otherwise it is void and cannot transfer ownership.
he distinguishing characteristics of a donation mortis causa are the following:
-. &t conveys no title or ownership to the transferee before the death of the transferor. or% what
amounts to the same thing% that the transferor should retain the ownership /full or na!ed0 and
control of the property while alive.
1. hat before his death% the transfer should be revocable by the transferor at will% ad nutum. but
revocability may be provided for indirectly by means of a reserved power in the donor to dispose
of the properties conveyed.
2. hat the transfer should be void if the transferor should survive the transferee.
here is nothing therein which indicates that any right% title or interest in the donated
properties was to be transferred to Ursulina prior to the death of Celestina. he phrase 3to
become effective upon the death of the D454R6 admits of no other interpretation but that
Celestina intended to transfer the ownership of the properties to Ursulina on her death% not
during her lifetime. More importantly% the provision in the deed stating that if the donee should
die before the donor% the donation shall be deemed rescinded and of no further force and effect
shows that the donation is a post mortem disposition.